DA David Hoovler Announces Sentence in Town of Newburgh Residential Burglary Case

June 22, 2022

DA David Hoovler Announces Sentence in Town of Newburgh Residential Burglary Case

Defendant Sentenced as Persistent Violent Felony Offender

Defendant Previously Pled Guilty After Commencement of Jury Trial

Orange County District Attorney David M. Hoovler announced that on Tuesday, June 21, 2022, Jorge Martinez, 61, of Newburgh, was sentenced to fifteen years to life in state prison in connection with his guilty plea to Attempted Burglary in the Second Degree for a daytime break-in at a single-family home in the Town of Newburgh. The guilty plea was entered in March during the jury trial of the case, after the People had given their opening statement. Prior to sentencing, the People proved at a hearing that Martinez was a persistent violent felony offender in that he was convicted of a violent felony offense after having been convicted of two other violent felony offenses within the previous ten years, excluding any time he spent incarcerated. The designation as a persistent violent felony offender mandated a sentence with a maximum term of life in prison.

On December 16, 2019, a homeowner returned to the single-family residence that he owned and lived in with his wife and daughter. Upon entering his home, the victim saw that their property was strewn throughout the house and discovered that numerous items, including a laptop, a GPS watch, and money belonging to his daughter were missing. The homeowner reviewed security camera video from inside and outside his home which showed Martinez brazenly breaking the door in order to enter. The video also showed Martinez entering various rooms in the house, taking the missing property and fleeing. While committing the crime, Martinez covered his hands with his jacket and with gloves which, the People were prepared to argue, evidenced his intent to prevent his DNA or fingerprints from being left at the scene of the crime. Detectives with the Town of Newburgh Police Department tracked the vehicle Martinez drove to the home and, through further investigation, identified the defendant as the perpetrator of the crime. The items stolen were never recovered.

District Attorney Hoovler thanked the Town of Newburgh Police Department for their investigation which resulted in the charges. District Attorney Hoovler also thanked the City of Newburgh Police Department for their assistance during the investigation.

District Attorney Hoovler highly commended Assistant District Attorney Neal Eriksen for handling the prosecution of Martinez.

“The law allows for significant sentences, such as the one imposed in this case, for those repeat, violent offenders who continue their criminal actions even in the face of increasing criminal sanctions,” said District Attorney Hoovler. “While, thankfully, no one was injured in this case, the defendant’s brazen and dangerous conduct deserves to be met with an appropriately substantial sentence. I applaud the cooperative efforts of law enforcement to see that a serial burglar will not be free to victimize others any time soon.”

A criminal charge is merely an allegation by the police that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.